Latest Articles

The Illinois state legislature passed House Bill (HB) 2462 which would prevent employers from inquiring about a job applicant’s salary history and lower the burden on employees claiming equal pay violations. The Bill now awaits Governor Bruce Rauner’s signature. HB 2462, which seeks to amend the Illinois Equal Pay Act of 2003, prohibits employers from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant’s prior wages satisfy minimum…
The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an essential function of her job as a litigation attorney.  Credeur v State of Louisiana, 16-CV-30658 (5th Cir. 2017).  The employer did provide unpaid leave as an alternate and reasonable accommodation.   Given the proliferation of digital workspaces and telecommuting, well written job descriptions identifying whether…
The U.S. Chamber of Commerce (the “Chamber”), along with several business associations, has requested that the Office of Management and Budget (“OMB”) rescind its prior approval of the EEOC’s revised EEO-1 Report requiring disclosure of pay data information by gender, race, and occupational category due to the cost and time associated with compliance. The Chamber’s request was backed by the Society for Human Resource Management, National Restaurant Association, National Retail Federation, National Automobile Dealers Association,…
An Ohio federal district court recently denied a former employer’s motion for judgment on the pleadings, holding that the plaintiff could proceed with her retaliation claim even though she signed a settlement agreement and general release. Bryant v. Central Community Health Board (Case no. 16cv00620 March 29, 2017).  This case focuses upon what is (and what is not) barred by a release agreement.   After Central Community Health Board (“CCHB”) terminated plaintiff’s employment in June 2012,…
In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a female body clad in a bikini, which resulted in one co-worker referring to plaintiff as a “submissive sissy.”  In addition, the supervisor allegedly told other employees that plaintiff “was effeminate and gay so he must have AID[S].”  The…
One of the Obama Administration’s more subtle and creative efforts to spotlight the gender wage gap essentially relied on peer pressure – the White House Equal Pay Pledge. By signing the Pledge, implemented in June 2016, companies publicly committed to prioritizing pay equity by: Acknowledging the critical role businesses must play in reducing the national pay gap; Conducting an annual company-wide gender pay analysis across occupations; Reviewing personnel processes to reduce unconscious bias and…
Working at home may constitute a reasonable accommodation according to a recent decision in Rezvan v Phillips Electronics North America Corp., Case No. 15-cv-04767-HSG (N.D. Calif.)  In Rezvan, a former employee with rheumatoid arthritis who worked as a Contract Manager, sued Phillips under the California Fair Employment and Housing Act (“FEHA”) for disability discrimination. Phillips moved for summary judgment on the grounds that Plaintiff could not perform the essential functions of her job because regular…
On September 22, 2016, the Equal Employment Opportunity Commission (EEOC) announced that it settled a federal sex-based pay discrimination lawsuit with oil company Santmyer Oil operating as SOCI Petroleum, Inc. (“SOCI”) for $50,000.  The EEOC had filed the lawsuit in September 2015 on behalf of Lori Bowersock alleging that the company violated the Equal Pay Act (EPA) and Title VII by paying her less than her male predecessor for performing substantially equal work. Bowersock was…